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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Oct 22, 2014

Louis Vuitton Malletier S.A. v. Sunny Merchandise Corp.

Louis Vuitton Malletier S.A. sued Sunny Merchandise Corp., Louis Valentin Eyewear, and Chin Zong Tsai for federal and state trademark infringement and counterfeiting related to sunglasses. The court granted Louis Vuitton's motion for partial summary judgment on trademark infringement, finding strong marks, similarity, and Sunny's bad faith, and denied it on counterfeiting claims. Defendants' cross-motion was denied on counterfeiting but granted for claims against Gene Tsai due to insufficient evidence of his direct involvement. The court also ruled on the admissibility of expert testimonies and redaction requests.

Trademark InfringementCounterfeitingLanham ActSummary JudgmentExpert TestimonyBrandingMarketingConsumer ConfusionDilutionGoodwill
References
92
Case No. 680/2025
Regular Panel Decision
Nov 07, 2025

Matter of Hans-Gaston v. Sunshine

This Article 78 special proceeding concerns a challenge by Petitioner Principal Hans-Gaston against the Kings County Clerk's protocol for processing applications to remove actions from lower courts to the Supreme Court. The Petitioner argued that the Clerk improperly required the commencement of a new special proceeding or action for motions made pursuant to CPLR 325(b), which mandates that such applications be made by motion. The Court meticulously analyzed the distinctions between motions and special proceedings, emphasizing that a special proceeding requires explicit statutory authorization, which is absent for CPLR 325(b) motions. The decision concludes that the County Clerk's protocol is improper and contrary to law. Consequently, the Court granted the petition in part, directing the Respondent to accept properly filed CPLR 325(b) motions without compelling the initiation of a new special proceeding or action.

CPLR Article 78MandamusMinisterial DutySpecial ProceedingMotion PracticeCase RemovalCourt JurisdictionCounty Clerk ProtocolCivil ProcedureStatutory Interpretation
References
29
Case No. MISSING
Regular Panel Decision

VAC Service Corp. v. Service Merchandise Co.

VAC Service Corporation sued Service Merchandise Corporation Inc. (SMC) for breach of contract related to extended replacement service agreements. SMC counterclaimed against VAC and its insurance carrier, Continental Insurance Company. Continental moved to stay the proceedings, arguing that an enforceable arbitration agreement existed with SMC. The court examined the Federal Arbitration Act and relevant case law, emphasizing the strong federal policy favoring arbitration. The Continental policy's broad arbitration clause, specifying that "any controversy arising out of or relating to this insurance... shall be submitted to arbitration," was central to the decision. Despite SMC's argument that a "sue" clause in the policy implied court action, the court found this insufficient to override the comprehensive arbitration agreement. Consequently, Continental's motion to stay the proceedings pending arbitration was granted.

Arbitration AgreementStay of ProceedingsFederal Arbitration ActContract DisputeInsurance PolicyCommercial Arbitration RulesAmerican Arbitration AssociationArbitrabilityCounterclaimInterstate Commerce
References
14
Case No. MISSING
Regular Panel Decision

Leyh v. Property Clerk of the City of New York Police Department

Plaintiff Evelyn Leyh initiated a federal action against the New York City Police Department and its Property Clerk, seeking the return of her seized automobile and alleging constitutional violations. She claimed deprivation of property without due process, that the forfeiture provision of the New York City Administrative Code constituted a bill of attainder, and malicious prosecution. While a state court had previously ruled in her favor regarding the forfeiture, the federal court addressed her remaining claims. The court granted summary judgment to the defendants on the due process and bill of attainder claims, upholding the constitutionality of the property seizure procedures based on prior federal rulings. Additionally, the federal court declined to exercise supplemental jurisdiction over the state law malicious prosecution claim, dismissing it as all federal claims had been resolved.

Due ProcessBill of AttainderMalicious ProsecutionSummary JudgmentCivil ForfeitureAutomobile Seizure42 U.S.C. § 1983Supplemental JurisdictionFederal CourtState Law Claims
References
13
Case No. 13-CV-7588 (RWS)
Regular Panel Decision
Apr 09, 2014

New York State Court Clerks Ass'n v. Unified Court System

The New York State Court Clerks Association and Monica Shaw Burns filed a lawsuit against several New York State Judges, the Unified Court System (UCS), and the Office of Court Administration (OCA), alleging violations of the Fair Labor Standards Act (FLSA) due to uncompensated overtime work. The defendants moved to dismiss the amended complaint, citing Eleventh Amendment sovereign immunity. The court granted the motions, ruling that the Eleventh Amendment bars claims against UCS, OCA, and the State Judges in their official capacities, as Congress did not abrogate state sovereign immunity under the FLSA. The court also found that plaintiffs failed to adequately allege that the State Judges were 'employers' under the FLSA's 'economic reality' test, and that employees cannot seek injunctive relief under FLSA. Consequently, the amended complaint was dismissed with prejudice.

Overtime WagesFair Labor Standards ActEleventh Amendment ImmunitySovereign ImmunityDeclaratory Judgment ActMotion to DismissSubject Matter JurisdictionState Judicial OfficialsOfficial Capacity SuitEconomic Reality Test
References
63
Case No. MISSING
Regular Panel Decision

Mead v. Brotherhood of Railway, Airline & Steamship Clerks, Freight Handlers, Express & Station Employees

A General Chairman of the Brotherhood of Railway, Airline and Steamship Clerks (B.R.A.C.) sought an injunction against the International Union to prevent the transfer of funds from local lodge treasuries to a new Express Division in New York City, alleging a violation of 29 U.S.C. § 501(a) due to potential fund mismanagement. Defendants moved to dismiss, claiming the transfers were approved and lacked proof of present fiscal mismanagement. The court, adopting a restrictive view of Section 501 focused solely on financial dealings, determined that the plaintiff's claims, without evidence of current mismanagement, did not establish a legally cognizable cause of action. Therefore, the defendants' motion to dismiss the complaint was granted.

Union DisputesLabor UnionsInter-union Funds29 U.S.C. 501Injunctive ReliefMotion DismissalRestrictive Statutory InterpretationFinancial OversightOrganizational ReorganizationFederal Labor Law
References
5
Case No. MISSING
Regular Panel Decision
Dec 17, 1968

In re Male Child Wilkov

In a contested adoption proceeding, the natural mother appealed an order from the Family Court, Suffolk County, dated December 17, 1968. The order had concluded that she abandoned her infant child, dismissed her application for the child's return, rejected her objection to the proposed adoption, and directed the court clerk to proceed with the adoption application. The appellate court affirmed the order, despite noting an error by the trial court regarding a social worker's communication. The trial court mistakenly believed the natural mother spoke with a hospital social worker, when in fact, the social worker had only conversed with the child's grandmother. However, the appellate court found that there was ample independent evidence to support the abandonment finding, irrespective of this factual dispute.

Adoption LawChild AbandonmentFamily Court AppealParental RightsSuffolk County Family CourtAppellate AffirmationSocial Worker TestimonyFactual ErrorEvidentiary SupportChild Custody
References
1
Case No. MISSING
Regular Panel Decision

Privatera v. Yellow Cab Co.

A 75-year-old clerk for Yellow Cab Company was assaulted by a co-employee, Cross, after an incident where the clerk referred two women looking for drivers to other idle employees. Cross wrongly believed the clerk had used inappropriate language, leading to a physical altercation that injured the clerk's hip. The Workers' Compensation Board affirmed an award, determining the initial interaction was work-related, establishing a nexus between the employment and the assault. The employer appealed, arguing it was a personal dispute. The court upheld the Board's finding, stating that substantial evidence supported the work-related nexus, making the injury compensable.

Workers' CompensationWorkplace AssaultCourse of EmploymentPersonal AnimosityWork-Related InjurySubstantial EvidenceCompensabilityNexus to EmploymentCo-employee DisputeHip Injury
References
5
Case No. MISSING
Regular Panel Decision

Jones v. District Attorney's Office of New York

Thomas Jones, currently incarcerated, filed an Article 78 proceeding to vacate the denial of his FOIL request by the District Attorney’s Office of the County of New York (DANY). Jones sought a trial verdict sheet from his 2000 conviction for conspiracy and assault. DANY denied the request, stating Judiciary Law § 255, which Jones cited, applies only to court clerks, not district attorneys. The court affirmed DANY's denial, ruling that district attorneys are not clerks of the court, and also found Jones's claims to be time-barred under the four-month statute of limitations for Article 78 proceedings. The petition was consequently denied and dismissed with prejudice.

FOIL RequestVerdict SheetArticle 78 ProceedingStatute of LimitationsDistrict AttorneyCourt ClerkJudiciary LawPenal LawCriminal ConspiracyAssault
References
3
Case No. MISSING
Regular Panel Decision

Flagstar Bank v. State

Flagstar Bank, FSB, as a judgment creditor, sought damages from the State of New York, alleging negligence by the Queens County Clerk's Office. An error in docketing a federal judgment against Udit Meeto allowed him to transfer real property free of Flagstar's lien, leading to a significant financial loss. Flagstar contended the State was liable for the ministerial act of the County Clerk. However, the Court of Claims granted summary judgment to the State, a decision affirmed on appeal. The court held that the State did not owe a 'special duty' to Flagstar, and no private right of action against the State could be implied from CPLR statutes governing judgment docketing, as these statutes serve broader public benefits and provide other enforcement mechanisms for judgment creditors.

NegligenceCounty Clerk ErrorJudgment LienDocketingSpecial Duty DoctrineGovernmental ImmunityPrivate Right of ActionCPLR Article 52Real Property LawJudgment Enforcement
References
23
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